DUI / DWI Attorney in Volusia County
We Have Offices Conveniently Located in Deland and Daytona Beach
Getting arrested for Driving Under the Influence can completely change and disrupt your life. One day you’re driving yourself to work, and the next day you have to ask friends and family members for rides. Many people who get arrested for DUI find themselves in handcuffs for the very first time. If you have been arrested for DUI, there are many issues you will face as you navigate the justice system. Immediately after your arrest, you have some very important decisions to make. Making those decisions on your own can feel overwhelming considering that you have just spent the night in jail, faced a judge for the first time, and have had to tell your friends and family. Let our criminal defense lawyer help you with making these decisions, you do not need to do this on your own. Contact Thompson Law and set up a free consultation with attorney Matt Thompson to discuss your case, and allow our attorney to guide you.
With offices in Deland and Daytona Beach, we’ve represented clients throughout Central Florida for over 18 years.
Our comprehensive DUI defense strategy begins with a thorough examination of your case details, including the arrest's circumstances and any evidence collected. We aim to challenge the evidence's validity, such as breathalyzer results or field sobriety tests, by scrutinizing their accuracy and administration. Our dedication is not only to defend your rights but also to mitigate the potential impact a DUI conviction might have on your personal and professional life. We strive to provide you with peace of mind by taking an aggressive approach from the outset, ensuring that every aspect of your case is meticulously considered and prepared for.
how a dui impacts your Driver’s License
First and foremost, your driver’s license will be taken from you at the time of your arrest. In the State of Florida, driving is considered a “privilege” and not a “right.” You accept the privilege to drive so long as you do not consume alcohol to the extent that your normal faculties are impaired.
In recent years, the law changed to make it easier for people after their first arrest for DUI to obtain some privilege to drive as their case matriculates through the legal process. If you have never been previously arrested anywhere for DUI, you may be eligible to immediately obtain a valid driver’s license with a work-purposes-only restriction. Regardless of your eligibility, the traffic citation you receive will only allow you ten (10) days to get this accomplished. Please visit the Florida Department of Highway Safety and Motor Vehicles website to answer any immediate questions.
It is crucial to act quickly to preserve your driving privileges. By engaging our services immediately after your arrest, we can help you navigate the administrative processes required to obtain a hardship license, allowing you to maintain your employment and fulfill essential duties. Our legal team is adept at handling both the criminal and administrative aspects of DUI cases in Volusia County, ensuring you receive comprehensive representation.
Punishments for DUI in Deland, daytona beach and throughout volusia county
Many of you have had experience with a friend or a family member who have been arrested and prosecuted for DUI in the past. Everyone hears stories about how DUIs are resolved in the State of Florida. DUI cases are each different and the slightest difference in a police report can drastically change the punishment. The State must prove in every case you were the driver of the vehicle, or were in “actual physical control” of the vehicle, and at the time, you were under the influence of drugs and/or alcohol to the extent that your normal faculties are impaired. The law allows for the jury to make an inference of your intoxication if you take a lawful breathalyzer and the limit is above .08. The basic punishments and enhancements for DUI are as follows:
First Time Offenses
- Adjudication of Guilt.
- Up to six (6) months in jail.
- Up to one (1) year of probation.
- A fine no less than $500.00, and no more than $1,000.00.
- Mandatory license suspension of a minimum of six (6) months, up to one (1) year.
- No less than fifty (50) hours of community service.
- Ten (10) day impound of your vehicle.
- Must attend and complete the Level 1 DUI School or the Alcohol Safety Education Course.
- Must attend and complete the Victim’s Awareness Panel.
- Must refrain from using drugs and/or alcohol while on probation with random urinalysis.
- Pay court costs, cost of prosecution, cost of investigation.
Client-Focused. RESULT-DRIVEN.
Working Closely with You To Build a Strong Case
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Penalties Reduced Grand Theft, Fleeing, Possession of a Fictitious Driver’s License
Attorney Matt Thompson, through depositions and litigation was able to show that officers did not act according to the warrant by picking up the client immediately upon sight. The charge of Fleeing or Attempting to Elude Law Enforcement, which carries a mandatory felony conviction, was dismissed by the State and the client was offered probation and no felony conviction.
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Deferred Prosecution Agreement Loitering and Prowling
Client became disoriented due to a medical condition and entered a car that did not belong to him, but looked just like his car. Attorney Thompson provided mitigation to the State concerning the Defendant’s medical issues and ensured the client would be offered a Deferred Prosecution Agreement by the State wherein all charges would be dismissed upon completion.
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Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal
The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.
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All Charges Dismissed Aggravated Battery on and Elderly Person
The Defendant and his wife allowed the wife’s elderly mother to come to their home and remove her personal items. During this time the mother began to yell obscenities and attacked E.B. Both parties tried to remove the mother from the home and prevent further physical violence. The mother contacted police and stated that she had been attacked. Attorney Thompson contacted the State Attorney’s Office and met with opposing counsel before charges were filed.
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No Charges Filed and Prevented Arrest Grand Theft
Client was caring for her special needs sister. While caring for her she received advice from bank personnel to place her sister’s Disability Checks into a bank account in the Client’s name to avoid other family members from stealing money. Once the family members discovered this they called the police to investigate the Client. Attorney Thompson put together documentation showing how the money was being spent and met with police to further explain the situation. The police determined that there was no
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Charges Reduced Aggravated Battery on Law Enforcement Officer
Attorney Thompson provided the State with an extensive mitigation packet outlining the Defendant’s military service record and disability based on PTSD. Defendant was offered a minor jail sanction (60) days followed by probation in lieu of a 5-year minimum prison sentence as was originally offered by the State.